SAROJ AGGARWAL Vs. SHAKUNTALA AGGARWAL

JUDGEMENT

(1.) By this order I propose to dispose of application filed by the plaintiffs under Order 39 Rule 1 & 2, CPC and the application filed by the defendant under Order 39 Rule 4 read with Section 151, CPC to seek vacation of restraint order dated 7.4.2011 and for modification of order dated 14.3.2011.

(2.) Vide an ex-parte order dated 14.3.2011, the defendant was restrained from parting with possession of any part of the property or creating any third party interest in the property bearing number 12, Road No.42, West Punjabi Bagh, New Delhi. This court also directed that the defendant will not occupy any portion of the suit property without prior permission of the court. Vide order dated 7.4.2011, the defendant was also restrained from carrying out further construction in the property till further orders.

(3.) Addressing arguments on behalf of the defendant, Sr.Advocate Mr. SandeepSethi submitted that defendant has been seriously prejudiced by the order dated 14.3.2011 whereby he has been restrained to occupy any portion of the suit property and order dated 7.4.2011 whereby defendant has been restrained from carrying out further construction in the suit property. Counsel submitted that plaintiffs, with dishonest intentions, have suppressed material facts from this court so as to obtain the said stay orders and had the plaintiffs placed true facts before this court then this court would not have granted the said stay orders in their favour. As per the counsel for the defendant, the plaintiffs have concealed from this court that the parties to the suit are related to each other being wives of three brothers and these three brothers alongwith their brother Mr. Sanjay Aggarwal are the members of joint family of Late Shri Ram SharanAggarwal. Counsel further submitted that the said joint family had various joint family businesses and out of the earnings of such joint family businesses only various properties were purchased from time to time in individual names for the use and benefit of the joint family. Counsel further submitted that another important concealment on the part of the plaintiffs is that in or about October 2000, an oral family settlement had taken place between the parties and under the said oral settlement, the parties had divided some of the joint properties in a manner so as to enable each of the four sons of late Shri Ram SharanAggarwal to have one separate residential property and one separate commercial office each. Counsel further submitted that the said family settlement was duly acted upon by all the parties and in furtherance thereof, Mr.Kailash Chand Aggarwal, husband of plaintiff No.2, got residential property bearing number S-399, Greater Kailash-II, New Delhi; Mr.VinodAggarwal, husband of plaintiff No.1, got the property bearing number 7/42, West Punjabi Bagh, New Delhi; Mr.SanjayAggarwal got property bearing number 54/43, West Punjabi Bagh, New Delhi and Shri Ashok Kumar Aggarwal, husband of defendant, got the suit property i.e. property bearing number 12/42, West Punjabi Bagh, New Delhi. Counsel thus submitted that the suit property had fallen to the exclusive share of Mr.Ashok Kumar Aggarwal and none of the other brothers or the plaintiffs have got any right, title or interest in the said Punjabi Bagh property as they have already got their respective properties out of the properties purchased from the joint family funds.